Professional Experience
David represents public and private companies, directors, officers, lenders, committees, shareholders, and strategic and financial investors in a variety of distress situations. He regularly counsels clients in: free-fall, prenegotiated, and involuntary chapter 11 bankruptcies; cross-border matters; out-of-court exchanges and balance sheet restructurings; distress loan and M&A transactions; and other corporate reorganization and insolvency proceedings. David also advises boards and management teams on strategic, corporate, and governance matters.
Prior to joining the firm, David was a partner with Kirkland & Ellis, LLP.
Cases / Matters
Traditional Chapter 11 Cases and Cross-Border Matters
- MEGA Brands Inc. - represented Canadian toy manufacturer in its chapter 15 bankruptcy cases and as U.S. counsel in its recapitalization implemented through a Canadian plan of arrangement.
- Majestic Star Casino - represented gaming company and multi-jurisdictional operator of casino properties in its chapter 11 bankruptcy cases.
- Norwood Promotional Products - represented Norwood, a leader in the market of customizable corporate merchandise, including calendars, writing instruments and awards, in its chapter 11 bankruptcy cases and 363 sale of the business as a going concern.
- Sun-Times Media Group, Inc. – represented of publisher, printer, and distributor of newspapers in greater Chicago metropolitan area, including the Chicago Sun-Times.
- Sea Containers - represented the Sea Containers group, a leading London-based marine container leasing company, in its chapter 11 bankruptcy cases and global restructuring.
- TOUSA, Inc. - represented publicly traded homebuilder with substantial operations in Florida, the Mid-Atlantic, Texas, and the West, doing business under trade names, including Newmark, Engle Homes, and Trophy Homes, in its out-of-court restructuring and chapter 11 bankruptcy cases.
- Dura Automotive - represented leading independent automotive supplier in its chapter 11 cases.
- Calpine Corporation - assisted in representation of world's largest producer of renewable geothermal energy.
- Musicland Holding Corporation - represented entertainment retailer in its chapter 11 bankruptcy cases.
- United Air Lines, Inc. - assisted in all aspects of the largest airline bankruptcy filed to date in the United States.
- Risk Management Alternatives, Inc. - represented leading provider of accounts receivable management services in its chapter 11 cases.
- National Equipment Services, Inc. - represented national equipment leasing corporation in all aspects of its chapter 11 bankruptcy cases and restructuring.
Prepackaged Chapter 11 Cases and Out-of-Court Restructurings
- Jason, Inc. - Represented private equity sponsor in the out-of-court recapitalization and balance-sheet restructuring of a leading international manufacturer of consumer, automotive, and industrial products.
- HiT Entertainment PLC - represented HiT Entertainment PLC in connection with an out-of-court amendment of the company's secured indebtedness. HiT is the owner of popular children's entertainment properties such as Bob the Builder, Barney, Thomas & Friends, Pingu, Fireman Sam and Angelina Ballerina and has corporate offices in New York and in London.
- Autocam Corporation - led the out-of-court balance restructuring of a leading manufacturer of precision components for primarily the automotive and medical device industries.
Source Interlink Companies - represented leading publisher and wholesaler of magazines and home entertainment products, including CDs and DVDs, in its balance-sheet restructuring and prepackaged chapter 11 cases.
- Portola Packaging, Inc. - led balance-sheet restructuring and chapter 11 prepackaged bankruptcy cases of leading designer, manufacturer, and marketer of plastic closures, bottles, and related equipment.
- Tekni-Plex - represented private equity sponsor, in the out-of-court restructuring of Tekni-Plex, a major consumer and industrial packaging manufacturer.
- Euro-Pro - represented household products company in its involuntary bankruptcy proceedings (eventually dismissed) and out-of-court restructuring.
DIP Financing, Acquisition, and Other Matters
- Regent Communications - represented private equity client as plan sponsor in pre-arranged chapter 11 bankruptcy cases of Regent Communications, and its affiliates, owner and operator of radio stations in mid-sized markets across the United States.
- Lang Holdings Inc. - represented private equity client, as provider of DIP financing and stalking-horse purchaser of substantially all assets of Lang Holdings, a leading supplier of art and design driven calendars, back-to-school products, greeting carts, stationary, and specialty products.
- Metaldyne Corporation - represented a secured lender group in its successful credit bid for substantially all assets of Metaldyne, a leading global manufacturer of highly engineered metal components for the global light vehicle market.
- Mother's Cookies - represented strategic acquiror in its purchase of Mother's Cookies from Archway through a 363 bankruptcy sale.
- Propex Inc. - represented private equity client as provider of debtor-in-possession financing and stalking-horse purchaser of substantially all assets of Propex Inc., the world's largest producer of geosynthetic, concrete, furnishing, and industrial fabrics and fiber.
- InPhonic Inc. - represented private equity client as provider of debtor-in-possession financing and stalking-horse purchaser of substantially all the assets of InPhonic, Inc., a leading marketer of wireless telephone and satellite television services.
- Global Home Products - represented private equity client in its section 363 purchase of Anchor Hocking from Global Home Products.
- American Business Financial Services, Inc. - represented DIP lender to a publicly-traded subprime lender.
- Service Merchandise Company, Inc. - represented joint venture in purchase of Service Merchandise lease designation rights.
Bondholders and Ad Hoc Committees
- ASARCO LLC - represented bondholder group in negotiating a complex global settlement eventually incorporated into a confirmed chapter 11 plan, and in formulating a bid for certain assets of ASARCO, a leading U.S. copper producer.
- LyondellBasell Industries - represented bondholder group in connection with chapter 11 plan and related rights offering of LyondellBasell, the third largest independent chemical company in the world.
- Fargo, S.A. - represented bondholders in filing of involuntary bankruptcy petition against Compañia de Alimentos Fargo, S.A., an Argentine producer of packaged baked goods.
Representative Pro Bono Matters
- Represented prisoner in his criminal and sentencing appeal before the United States Court of Appeals for the Seventh Circuit.
- Represented political asylum applicant in immigration proceedings.